ALI JAAN Vs. STATE

JUDGEMENT

(1.) Crl.M.A.No.7560/2010 (Exemption) Allowed. Crl.A.No.696/2010 & Crl.M.A.No.7561/2010(Delay) Ali Jaan father of Mulla Ji (the deceased) has filed the above captioned appeal and has sought delay to be condoned in filing the appeal. The delay in filing the appeal is of 58 days.

(2.) It is settled law that if issue arising in appeal is meritorious and needs consideration and further, if a manifest miscarriage of justice has resulted as a result of the view taken by the learned Trial Judge, the Appellate Court has to be liberal in condoning the delay in the appellant availing the appellate remedy. Thus, we are considering, on merits, the view taken by the learned Trial Judge, for if, we find that the view taken is perverse or has resulted in a manifest miscarriage of justice, we would be inclined to condone the delay in filing the appeal.

(3.) A two-fold grievance has been raised in the appeal filed by Ali Jaan, the unfortunate father of Mulla Ji who suffered an untimely death on 10.09.2006.